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PDI Blog
Superior Court Overturns Barrick v. Holy Spirit Hospital
On November 23, 2011, an en banc panel of the Pennsylvania Superior Court issued a 38 paged Opinion that serves to overturn the trial court's decision to allow one party to review written communications by the opposing party to the opposing party's expert in the case of Barrick v. Holy Spirit Hospital, 1856 MDA 2009 (Pa. Super. Nov. 23, 2011)(8-1 Opinion by Mundy, J.)(Bowes, J. concurring and dissenting).
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Third Circuit Issues Important ERISA Reimbursement Decision
In its recent November 16, 2011 decision in the case of U.S. Airways v. McCutchen, ___ F.3d ___, 2011 WL 5557411 (3d Cir. 2011Sloviter, Fuentes, and Vanaskie, JJ.)(Opinion by Fuentes, J.), the U.S. Court of Appeals for the Third Circuit just held that an insurer is not entitled to 100 percent reimbursement of paid medical expenses when an injured employee has recovered only a fraction of his damages from a third party.
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Pennsylvania Supreme Court To Address Important Delay Damages Issue in Post-Koken Case
In the Pennsylvania Superior Court decision in the case of Marlette v. State Farm Mut. Automobile Ins. Co. and Jordan, the appellate court addressed the issue was whether the delay damages calculation should be based upon the higher jury verdict or the lower figure that resulted after the verdict was molded down by the court to the amount of the available UIM limits.
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Lehigh County Court Agrees to Bifurcation of Post-Koken Case At Trial Stage
In the Lehigh County Court of Common Pleas post-Koken case of Purta v. Blower and Erie Ins. Exch., No. 2010-C-2515 (C.P. Lehigh Co. Sept. 20, 2011 Reibman, J.), the Honorable Edward D. Reibman addressed the seemingly novel issue presented by a Motion to Severance filed by the UIM carrier Defendant to bifurcate jointly filed third party and underinsured motorist (UIM) claims into separate trials.
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Clarification of Recurring Issue of Challenges to Late Joinder of Additional Defendants
Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued an Opinion on a recurring issue in the case of Chelland v. Siegfried v. Solomon, No. 2010 - CV - 6113 (C.P. Lacka. Co. Nov. 1, 2011 Nealon, J.), which involved an additional defendant's challenge to an original defendant's untimely joinder of the additional defendant.
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Claims Rep's Mental Impressions, Opinions, etc. Created Prior to Trial are Protected
In an apparent case of first impression, Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed an important discovery issue surrounding the scope of discoverability of a claims representative's mental impressions in yet another of his opinions handed down in the case of Church of the Forgotten Souls v. NGM Ins. Co., No. 2010 - CV - 7078 (C.P. Lacka. Co. Oct. 5, 2011 Nealon, J.).
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Pennsylvania Supreme Court on Twitter
The Supreme Court of Pennsylvania announced last week that it would launch a Twitter feed to instantly communicate opinions, rulings, and other relevant information. Recipients can sign up at http://twitter.com/SupremeCtofPA.
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Pennsylvania Supreme Court Hands Down Two Important UM/UIM Decisions
Earlier this week, the Pennsylvania Supreme Court handed down two important decisions on major UM/UIM issues both of which opinions where written by Justice Orie Melvin.
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Judge Terrence Nealon of Lackawanna County Analyzes Regular Use Exclusion
On May 24, 2011, Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued a decision in the case of Erie Ins. Exchange v. Soroka, No. 09 - CV - 1056 (Lacka. Co. May 24, 2011, Nealon, J.) which involved the UIM coverage exclusion for non-owned, regularly used vehicles.
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UIM Credit for Excess/Umbrella Policy Limits Stands
n July 27, 2011, the Pennsylvania Supreme Court denied allocatur in the two companion underinsured motorist cases of D'Adamo v. Erie Ins. Exchange and Holocher v. Erie Ins. Exchange, thereby allowing to stand a Superior Court panel's ruling (found at 4 A.3d 1090 (Pa.Super. 2010)) that benefits collected under a tortfeasor's umbrella insurance policy can serve as an offset or credit against the amount of recoverable underinsured motorist benefits in a given matter.
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